388 results for 'court:"2nd Circuit"'.
Per curiam, the circuit finds that the district court properly dismissed class false advertising claims concerning dietary supplements labeled as "fish oil" because claims contending that a certain step during processing turned the fish oil into another substance were preempted by federal food and drug law barring states from establishing unique labeling requirements. Meanwhile, the labels did not materially mislead reasonable consumers. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 11, 2023, Case #: 23-710-cv, Categories: Preemption, False Advertising
[Consolidated.] J. Bianco finds that the district court improperly ordered the destruction of financial records obtained by federal labor agents and used in prosecuting a fraudulent life insurance scheme that caused over $50 million in losses. The criminal case had been resolved, but records may be required to defend against anticipated collateral attacks on that conviction and to preserve evidence should retrial occur.
Court: 2nd Circuit, Judge: Bianco, Filed On: December 11, 2023, Case #: 22-1057, Categories: Fraud, Insurance, Discovery
Per curiam, the circuit finds that the district court properly dismissed contract claims brought after an executive was denied coverage under his employer's directors-and-officers liability policy. The executive was not owed a defense when other members of the firm brought claims contending he attempted to defraud company entities because an exclusion barred coverage in lawsuits that pit insureds against each other. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 11, 2023, Case #: 23-17-cv, Categories: Insurance
[Consolidated.] J. Carney finds that this appeal from an insurance dispute should be dismissed for lack of jurisdiction because the previously approved stipulated conditional final judgment that contained reservation rights failed to resolve the core question of indemnification and did not constitute an appealable final decision.
Court: 2nd Circuit, Judge: Carney, Filed On: December 11, 2023, Case #: 21-2641, Categories: Civil Procedure, Insurance
[Consolidated.] Per curiam, the circuit finds that the district court properly barred enforcement of certain aspects of New York's amended concealed-carry laws. The laws violated the first and second amendment by requiring applicants to provide a list of current and past social media accounts and to avoid private property that remains open to the public without boasting signs specifically granting concealed-carry access. Meanwhile, religious rights were violated by barring a pastor and his congregants from bringing weapons to their church for self-defense purposes. However, injunctions granted against other amendments should be vacated for lack of jurisdiction or constitutional violations. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 8, 2023, Case #: 22-2908 (L), Categories: Constitution, Licensing, Firearms
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J. Parker finds that the district court improperly dismissed claims contending a town manipulated building permit and zoning procedures to thwart plans by a group interested in building a school to educate Orthodox Jewish girls. Federal religious discrimination and civil right claims were ripe for consideration since the zoning board refused to review the group's application, and state interference with contract claims concerned town defendants' actions upending a land sale and impacting a bank loan. Reversed.
Court: 2nd Circuit, Judge: Parker, Filed On: December 8, 2023, Case #: 22-1741, Categories: Civil Rights, Zoning, Interference With Contract
J. Jacobs finds that the district court improperly denied vacatur and amendment on dismissed class employment discrimination claims concerning past felony convictions that disproportionately impact Black applicants. The court improperly dismissed the claims as untimely on grounds that plaintiffs pleaded insufficient supporting data because "granular statistical comparators" were not required at the pleading stage in disparate-impact claims. Reversed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: December 8, 2023, Case #: 22-4, Categories: Employment Discrimination, Class Action
Per curiam, the circuit finds that the district court properly denied firearms and ammunition dealers a preliminary injunction in claims contending customers' right to bear arms were hampered by New York regulations requiring background checks and safety training because the dealers failed to present evidence of harm suffered by customers, and the dealers were not subject to background check or training provisions. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 8, 2023, Case #: 22-3068-cv, Categories: Constitution, Firearms
J. Carney finds that the district court properly dismissed claims alleging breach of contract and deceptive business practices after a college moved classes online for a performing arts graduate student, and postponed staging his play, due to the Covid-19 pandemic because the student failed to allege a specific promise of in-person instruction under New York law, and the college course catalog listed its right to reschedule courses or assignments in the event of unforeseen circumstances. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: December 8, 2023, Case #: 21-1377, Categories: Education, Covid-19, Contract
Per curiam, the circuit finds that the district court improperly imposed career-criminal enhancements in the sentence imposed after defendant pleaded guilty to distributing cocaine base because two prior state-court narcotics convictions involved laws categorically broader than comparable federal laws.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 7, 2023, Case #: 20-4162, Categories: Drug Offender, Sentencing
Per curiam, the circuit finds that the district court properly held that an insurer did not owe an attorney or his former law firm a defense in legal malpractice and fraud claims stemming from a land deal. The policy explicitly excluded coverage should the insured undertake activities as an officer of another business enterprise, which occurred when the attorney formed a separate corporation to purchase the land from a client. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 7, 2023, Case #: 23-57-cv, Categories: Indemnification, Legal Malpractice
J. Lynch finds that defendant was properly convicted of possessing child pornography because the appeal concerns issues not previously argued. However, the arguments may have affected the proceedings in light of "serious concerns" caused by rules imposed during the pandemic in which the public was excluded from portions of jury selection, as well as allegations that investigators used tactics to induce inculpatory statements. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: December 6, 2023, Case #: 22-826-cr, Categories: Fair Trial, Jury, Miranda
[Consolidated.] Per curiam, the circuit finds that the district court improperly held that a settlement accepted in the death of a disabled woman in state care barred her family from seeking attorney fees because the agreement was akin to a contract, and its terms did not speak specifically to such recovery. Meanwhile, the agreement did not block the family from bringing an action in state court. Reversed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 6, 2023, Case #: 22-2329-cv (L), Categories: Settlements, Tort, Attorney Fees
Per curiam, the circuit finds that the district court properly held that enhanced first amendment protections do not apply to infringement claims against "Wavy Baby" sneakers. The art collective behind the shoe contends the exaggerated wavy sole was a parody on Vans' "Old Skool" skateboard sneaker and a comment on consumerism, but recent precedent holds that protections do not apply when trade dress is used in a source-identifying manner that will confuse consumers. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 5, 2023, Case #: 22-1006, Categories: Trademark, First Amendment
J. Cabranes finds that the board of immigration appeals properly denied asylum on grounds that plaintiff, who feared future persecution due to his political affiliations, could safely relocate within his home country of India. Plaintiff's contention that he had been "living in hiding" before coming to the U.S. was rebuffed by evidence that he openly drove a taxi and attended political party meetings without incident. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: December 5, 2023, Case #: 20-1673-ag, Categories: Immigration
Per curiam, the circuit finds that the district court properly dismissed class claims contending plaintiffs were stiffed on overtime while performing renovations to the Bayonne Bridge connecting New York and New Jersey. Members of Jersey-based labor unions contend they were underpaid based on rates set by union contracts while they worked on the New York side, but they failed to plead sufficient facts to state a claim for relief. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 4, 2023, Case #: 21-473, Categories: Labor / Unions
Per curiam, the circuit finds that the district court properly dismissed privacy claims contending Dollar Tree revealed its employee had been the victim of a sex crime. The company could neither be held liable under state law, which applies only to actions taken by public officers and employees, nor under federal law, since the retailer was not a "state actor." Meanwhile, New York does not recognize a cause of action for invasion of privacy. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 4, 2023, Case #: 22-2997-cv, Categories: Civil Rights, Employment, Privacy
Per curiam, the circuit finds that the district court improperly dismissed pro se discrimination claims brought after an employer failed to approve medical and religious exemptions to vaccination requirements. Dismissing the action for failure to prosecute was premature because the employee may not have understood that responsibility for service had been shifted to her when marshals could not initially accomplish such.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 30, 2023, Case #: 23-463-cv, Categories: Civil Procedure, Employment Discrimination
J. Wesley finds that the district court properly held that a mutual fund violated the Investment Company Act by amending bylaws to discourage activist investors. The amendment limited shareholders who possessed more than 10% of any closed-end investment fund to vote on the purchase of additional shares, while the Act requires equal voting rights for every share of common stock. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: November 30, 2023, Case #: 22-407, Categories: Securities
Per curiam, the circuit finds that the district court improperly dismissed federal and state false claims complaints contending businesses made misrepresentations in seeking payment for work done under municipal contract. The businesses contend service had not been timely, but the qui tam complaint could not be served until unsealed and authorized for service by the court.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 28, 2023, Case #: 22-2656, Categories: Civil Procedure, False Claims
J. Calabresi finds that the district court properly convicted defendant of facilitating loan approvals as a bank executive in exchange for assistance in landing a position in the election campaign for and, subsequently, the administration of Donald Trump, potentially as secretary of the army. Defendant's arguments lack merit in contending his conduct did not meet the definition of "corrupt" under the financial institution bribery statute and that the assistance he sought did not constitute a "thing of value." Affirmed.
Court: 2nd Circuit, Judge: Calabresi, Filed On: November 28, 2023, Case #: 22-313, Categories: Bribery, Banking / Lending
J. Menashi finds that the district court improperly found for state prison guards in claims contending they violated an inmate's right to freely exercise his religion because the inmate did not have to demonstrate that his observance of the Jewish holiday of Shavuot had been substantially burdened to overcome summary judgment. However, the court properly entered favorable rulings for guards who lacked personal involvement in the matter.
Court: 2nd Circuit, Judge: Menashi, Filed On: November 27, 2023, Case #: 22-764, Categories: Prisoners' Rights
Per curiam, the circuit finds that the board of immigration appeals should have reopened plaintiff's request to cancel deportation to Jamaica after he received an unconditional state pardon on an aggravated felony. That the request was untimely and exceeded the number of allowed attempts should have been equitably tolled, and the pardon waiver clause applied. On remand, the agency should determine if an unconditional pardon impacts whether a crime that typically bars U.S. admittance had even occurred.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 27, 2023, Case #: 20-2785, Categories: Criminal Procedure, Immigration
[Consolidated.] J. Chin finds that the district court properly dismissed certain fraudulent conveyance and fiduciary claims stemming from the leveraged buyout of an apparel and footwear company and its successor's subsequent filing for bankruptcy protection. Safe harbor rules applied due to the financial institution's involvement in making payouts to pre-merger public shareholders, thereby limiting the Chapter 11 trustee's ability to claw back the money. However, payments made to former directors, officers, and employees through payroll means should have been shielded from recoupment as well.
Court: 2nd Circuit, Judge: Chin, Filed On: November 27, 2023, Case #: 20-3257-cv (L), Categories: Bankruptcy, Fiduciary Duty
Per curiam, the circuit finds that the district court properly dismissed class securities fraud claims contending the Boston Beer company made misleading statements about the potential for future sales of a hard seltzer product line, which plateaued after precautions for the Covid-19 pandemic loosened, because the optimistic statements either constituted inactionable opinions or were "literally true without being otherwise misleading." Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 22, 2023, Case #: 23-8, Categories: Fraud, Securities, Class Action
Per curiam, the circuit finds that an appeal should be dismissed as brought from an order vacating and remanding default judgment entered against a creditor in bankruptcy court. The litigation administrator of the debtors' post-confirmation estates challenged the order, which reopened an adversary proceeding over collection efforts on behalf of the creditor, but default judgment did not constitute an appealable final order.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 22, 2023, Case #: 23-60-bk, Categories: Bankruptcy, Civil Procedure, Jurisdiction
Per curiam, the circuit finds that the district court improperly dismissed free speech claims in which plaintiff sought to continue promoting a "self-improvement fraternity" among younger prisoners that he founded while incarcerated because the court did not properly weigh whether the state's treatment of the Ujamaa Fraternal Dynasty as an unauthorized organization created plausible first amendment claims.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 21, 2023, Case #: 21-2978-pr, Categories: Constitution, Prisoners' Rights
J. Lee finds that the district court improperly held that the Federal Aviation Act preempted claims brought against companies that helped manufacture a helicopter that crashed and killed two U.S. Army pilots because the claims concern civil aviation safety and do not speak to military aircraft. However, the district court must determine whether the military contractor defense bars the claims in a "fact-intensive analysis."
Court: 2nd Circuit, Judge: Lee, Filed On: November 21, 2023, Case #: 20-2951, Categories: Preemption, Tort, Military
J. Menashi finds that the district court properly declined to vacate defendant's conviction and sentence on firearm charges. Defendant contends such had been based on a now-invalid conspiracy predicate, but the conviction rested on a valid predicate crime of violence since the jury found that defendant committed both substantive murder and murder conspiracy in a retaliatory killing he organized. Affirmed.
Court: 2nd Circuit, Judge: Menashi, Filed On: November 21, 2023, Case #: 21-2632, Categories: Firearms, Murder, Conspiracy
[Consolidated.] J. Calabresi finds that the district court improperly denied an inmate relief from pre-paying filing fees in order to bring claims alleging he received inadequate medical care in prison. The inmate sufficiently alleged that the $402 fee constituted a burden since he also had to pay for his and his family's "necessities of life." Reversed.
Court: 2nd Circuit, Judge: Calabresi, Filed On: November 20, 2023, Case #: 21-2628 (L), Categories: Civil Procedure, Prisoners' Rights